Honourable Raymond Nwokocha & Ors V. Ibegwura, Ordu Azubuike & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

T. O. AWOTOYE, J.C.A (Delivering the Leading Judgment)

This is the judgment in respect of an appeal against the decision of Aprioku J. of the River State High Court delivered on 21/2/2011.

By his originating summons filed on 25/11/2010 the claimant in the court below sought for the determination of the following questions and consequential reliefs.

“1. Whether by the provisions of the Rivers State Independent Electoral Commission Law of Rivers state Local Government Law 1999 as amended, Erections shall hold in Ogba/Egbema/Ndoni L.G.A. of Rivers State in 2011.

2. Whether by the provisions of the said laws a vacancy shall exist in Ogba/Egbema/Ndoni L.G.A. of Rivers State in 2011. AND if the above questions are answered in the affirmative; the claimant claims/asks for the following:

A. A Declaration that by virtue of the combined provisions of SS & 66(1) (3) of the Rivers state Local Government Law, 1999 as amended, the tenure of the Ogba/Egbema/Ndoni L.G.A. Council shall expire in March, 2011.

B. A Declaration that pursuant to S.13(1) of the Rivers state Independent Electoral Commission Law of the No. 2 of 2000 law, Elections shall hold in Ogba/Egbema/Ndoni L.G.A. of Rivers State in 2011 (on a day to be fixed by RSIEC)

C. An Order directing the RSIEC to conduct LGA elections in Ogba/Egbema/Ndoni L.G.A. in 2011 (on a day to be fixed by RSIEC).”

After the hearing of parties, the learned trial judge entered judgment in favour of the claimant as follows:-

“On the whole, this suit is meritorious and having resolved the questions for determination which is that, the 2nd set of defendants emerged winners in the bye election conducted on 6/3/2010 by the 1st defendant in Ogba/Egbema/Ndoni Local Government Area of Rivers state. Having resolved the issue for determination in favour of the claimant, I hereby make the following Orders:-

(i) I hereby declare that the exclusion of Ogba/Egbema/Ndoni Local Government Area in the Local Government Council Elections in Rivers state fixed for March/April, 2011, void ab initio and of no effect whatsoever.

(ii) I hereby declare that by virtue of the combined provisions of sections 65 and 66(1)-(3) of the Rivers state Local Government Law, 1999 as amended, the tenure of the Ogba/Egbema/Ndoni Local Government Area council shall expire in March 2011.

(iii) I hereby make a further declaration that pursuant to section 13(1) of the Rivers State Independent Electoral commission Law No. 2 of 2001, elections shall hold in Ogba/Egbema/Ndoni Local Government Area in 2011, (on a day to be fix by RSIEC).

(iv) I hereby order and I so direct that the Rivers state Independent Electoral commission (RSIEC) shall conduct the Local Government Area elections in Ogba/Egbema/Ndoni Local Government Area on the same date that shall be fixed for the conduct of the general elections in 011, for other Local Governments into elective offices of the various councils in Rivers State.”

Dissatisfied with the decision the 2nd set of respondents at the lower court filed Notice of Appeal containing 13 grounds of appeal on 7/3/2011.